[Amended 2-12-2018 by Ord. No. 2018-02]
The intent of this article is to provide for those landscaping, screening, and tree preservation regulations which are applied to all uses requiring site plan approval under § 770-12, Site plan review, of this chapter.
[Amended 2-12-2018 by Ord. No. 2018-02]
A.
Intent. The intent of this section is to:
(1)
Protect and preserve the appearance, character, and value of the
community.
(2)
Minimize noise, air, soil, groundwater, surface water and visual
pollution.
(3)
Minimize soil erosion and runoff, provide protection from wind and
sun and promote energy conservation.
(4)
Improve the overall aesthetics and appearance, divide the expanse
of pavement, and define parking areas and vehicular circulation within
off-street parking lots and other off-street parking facilities.
(5)
Require buffering of residential areas from more intense land uses.
(6)
Encourage an appropriate mixture of plant material, such as evergreen
and deciduous trees and shrubs, to protect against insect and disease
infestation and produce a more aesthetic and cohesive design.
(7)
Encourage the integration of existing vegetation in landscape plans
and preservation of specimen trees.
(8)
Prevent the unnecessary removal of mature trees and protect them
for their economic support of property values, natural beauty, character,
ecological importance, and historical significance, and preserve the
natural beauty and irreplaceable natural heritage of the City's tree
canopy.
B.
Application of requirements. No site plan, site condominium plan
or subdivision plat shall be approved unless a landscape plan is provided
which meets the requirements set forth herein.
C.
Landscape plan requirements. A separate detailed landscape/plan at
a scale of not greater than one inch equals 50 feet shall be required
to be submitted to the City as part of the site plan review or tentative
preliminary plat review. The landscape plan shall demonstrate that
all requirements of this section are met and shall include, but not
necessarily be limited to, the following items:
(1)
Location, spacing, size (height, caliper and size of root ball),
root type (shallow or deep) and descriptions for each plant type (deciduous,
evergreen, annual, or perennial) to be planted.
(2)
Typical straight cross section, including slope, height, and width
of berms.
(3)
Typical construction details to resolve specific site conditions,
such as landscape walls and tree wells used to preserve existing trees
or maintain natural grades.
(4)
Details in either text or drawing form to ensure proper installation
and establishment of proposed plant materials as prescribed by the
American Nurseryman Standards.
(5)
Identification, location and description of existing trees and vegetative
cover to be preserved, relocated or removed (including common name,
species and diameter).
(6)
Identification and description of grass and other ground cover to
be planted and method of planting (sod, plugs, sprigs or seeds).
(7)
Identification of landscape maintenance program in accordance with § 770-90L, Installation, maintenance and completion.
(8)
A survey of existing trees showing all deciduous trees with a diameter
at breast height of 2 1/2 inches or greater, and evergreen trees
with a height of six feet or greater, identified by common and botanical
name as well as size, height, or diameter at breast height, and whether
each tree is to remain, be transplanted, or removed.
D.
Screening between land uses. Upon any situation for which a site plan is required under § 770-12, Site plan review, of this chapter, a landscape buffer shall be constructed to create a visual screen at least six feet in height between the following land uses: multiple-family residential, institutional, office, commercial, industrial, or a mixture of such land uses, including all off-street parking areas, and single-family or two-family residential land uses; and institutional, office, commercial, industrial, or a mixture of such land uses, including all off-street parking areas, and multiple-family residential land uses that are not part of a mixed-use building or development. The following standards shall apply (See Figure 5.[1]):
(1)
Landscape buffer. A landscape buffer may consist of evergreen trees and shrubbery or a combination of evergreen plantings with earthen berms. To achieve effective screening, landscape materials shall be planted in a staggered manner meeting the minimum size as set forth in § 770-90K(5), Minimum size and spacing requirements, at the time of planting.
(2)
Wall or fence. Where there is a need to provide a greater noise or dust barrier or to screen more intense development, a solid wall or fence or a combination of landscaping and a solid wall or fence shall be required by the Planning Commission in accordance with Chapter 323, Fences, as amended. Wall or fence height shall be measured on the side of the proposed wall having the higher grade. The Planning Commission shall approve the construction materials of the wall or fence which may include face brick, poured-in-place simulated face brick, pre-cast brick face panels having simulated face brick, stone or wood.
(3)
A required wall/fence shall be located on the lot line except where
underground utilities interfere and except in instances where this
chapter requires conformity with front yard setback requirements.
The location of a required wall/fence may be adjusted at the discretion
of the Planning Commission, provided that the areas between the wall/fence
and the property line are landscaped. The Planning Commission may
omit required screening along any lot line where an existing building
wall immediately abuts the lot line and require a letter of agreement
with the property owner to install the wall if the adjacent building
is removed. The letter of agreement shall be recorded with the Oakland
County Register of Deeds.
[1]
Editor's Note: Figure 5 is included as an attachment to this chapter.
E.
Off-street parking area landscaping. Separate landscape areas shall
be provided within parking lots so as to break up the broad expanse
of pavement and guide the circulation of vehicular and pedestrian
traffic. The following standards shall apply (See Figures 4 and 10.[2]):
(1)
Required landscaping within off-street parking areas. Separate landscape
areas shall be provided within off-street parking areas in accordance
with the following requirements:
(a)
There shall be a minimum of one deciduous tree for every eight
parking spaces, provided that a landscape island shall be provided
for no more than 16 continuous spaces.
(b)
The ends of all parking aisles and corners shall be protected
with a landscaped island.
(c)
A minimum distance of three feet from the backside of the curb and the proposed landscape plantings shall be provided. Where vehicles overhang a landscape island or strip, a minimum distance of five feet from the backside of the curb and the proposed landscape plantings shall be provided. (See Figure 4.[3])
[3]
Editor's Note: Figure 4 is included as an attachment to this chapter.
(d)
Shrubs and/or ground covers which will not impede vehicular
visibility in accordance with this chapter may also be included in
the landscape plan.
(2)
Required landscaping at the perimeter of off-street parking areas.
Separate landscape areas shall be provided at the perimeter of off-street
parking areas when adjacent to a public street in accordance with
the following requirements:
(a)
Off-street parking areas which are considered to be a conflicting land use as defined by this section shall meet the screening requirements set forth in § 770-90D, Screening between land uses.
(b)
All off-street parking areas shall be screened from view with
a landscaped berm, solid wall or a combination of wall/fencing and
landscaping at least 30 inches in height along the perimeter of those
sides which are visible from a public street. Upon receipt of a letter
from the City of Royal Oak Police or Fire Department, the Planning
Commission may determine alternate screening requirements as deemed
necessary and advisable.
(3)
Landscaped areas, walls, structures, and walks shall be properly
protected from vehicular encroachment or overhang through appropriate
wheel stops or curbs.
[2]
Editor's Note: Figures 4 and 10 are included as attachments to this chapter.
F.
Front yard landscape or greenbelts. The front yard setback, where required, shall be landscaped in accordance with the following requirements. (See Figure 6.[4])
(1)
The front yard setback or greenbelt shall be landscaped with a minimum
of one tree for every 30 linear feet of frontage abutting a public
road right-of-way.
(2)
If ornamental deciduous trees are substituted for either nonornamental
deciduous trees or evergreen trees, they shall be provided at a minimum
of one tree for every 20 linear feet of frontage abutting a public
road right-of-way.
(3)
In addition to the required trees, the remainder of the front yard
setback or greenbelt shall be landscaped in grass, ground cover, shrubs
and other natural landscape materials.
(4)
Access drives from public rights-of-way through a required front
yard setback or greenbelts shall be permitted, but such drives shall
not be subtracted from the linear dimension used to determine the
minimum number of trees required.
[4]
Editor's Note: Figure 6 is included as an attachment to this chapter.
G.
Foundation landscaping. Foundation plantings shall be provided along the front or sides of any buildings which face a public road and/or is adjacent to a parking lot or other area which provides access to the building(s) by the general public. Foundation planting areas shall be integrated into the sidewalk system (between the front or sides of the building and the parking area and/or associated driveways) adjacent to the building. Foundation planting areas shall contain a minimum of one ornamental tree and six shrubs per 30 linear feet of applicable building frontage. Individual planting areas shall be a minimum of six feet in width. (See Figure 11.[5])
[5]
Editor's Note: Figure 11 is included as an attachment to this chapter.
H.
Site landscaping. Inclusive of any landscape greenbelt and/or off-street
parking area landscaping required by this section, at least 10% of
the site area, excluding existing public rights-of-way, shall be landscaped.
Such site area landscaping may include a combination of the preservation
of existing tree cover, planting of new trees and plant material,
landscape plazas, gardens and building foundation planting beds. Site
area landscaping shall be provided to screen potentially objectionable
site features such as, but not limited to, retention/detention ponds,
transformer pads, generators, heating, ventilation and/or air-conditioning
units, and storage and loading areas.
I.
(1)
Outside refuse disposal and recyclable containers shall be screened
on three sides with a durable six-foot or higher masonry enclosure,
and sight-obscuring decorative gate at least as high as the container,
so as not to be visible from adjacent lots or sites, neighboring properties
or streets. The enclosure shall also be constructed so as to be compatible
with the architectural styles used in the site development. The Planning
Commission may, at its discretion, require a higher screen if deemed
necessary due to the proximity to conflicting land uses.
(2)
Containers shall be consolidated with a development to minimize the
number of collection sites and located so as to reasonably equalize
the distance from the building they serve.
(3)
Containers and enclosures shall be located away from public view
insofar as possible and on that side which is opposite or at the maximum
distance possible from adjacent residential uses.
(4)
Containers and enclosures shall be situated so that they do not cause
excessive nuisance or offense to occupants of nearby buildings.
(5)
Concrete pads of appropriate size and construction shall be provided
for containers or groups of containers.
[6]
Editor's Note: Figure 12 is included as an attachment to this chapter.
J.
Screening of exterior electrical equipment, transformers, generators,
and heating, ventilation, and/or air-conditioning units.
(1)
Transformers that may be visible from any public right-of-way or
adjacent property shall be screened with either plantings or an enclosure
which is unified and harmonious with the overall architectural theme,
and meets utility provider standards for location and maintenance.
(2)
Electrical equipment shall be mounted on the interior wall of a building
wherever possible or shall be located where it is substantially screened
from residential properties and public view.
(3)
Ground-mounted generators and heating, ventilation, and/or air-conditioning
units shall be:
(a)
Located away from public view insofar as possible and on that
side which is opposite or at the maximum distance possible from adjacent
residential uses;
(b)
Situated so that they do not cause excessive nuisance or offense
to occupants of nearby buildings; and
(c)
Screened with plantings or an enclosure which is unified and
harmonious with the overall architectural theme if they are visible
from any public right-of-way or adjacent residential uses.
(4)
Roof-mounted generators and heating, ventilation, and/or air-conditioning
units shall be:
(a)
Located away from public view insofar as possible and on that
side which is opposite or at the maximum distance possible from the
front facade(s) of the building;
(b)
Situated so that they do not cause excessive nuisance or offense
to occupants of nearby buildings; and
(c)
Concealed from public view by decorative fencing, a parapet,
or an alternative screening method as deemed necessary and advisable
by the Planning Commission.
K.
Landscape elements. The following minimum standards shall apply:
(1)
Quality. Plant materials shall be of generally acceptable varieties
and species, free from insects and diseases, hardy to Oakland County,
conform to the current minimum standard of the American Association
of Nurserymen, and shall have proof of any required governmental regulations
and/or inspections.
(2)
Composition. A mixture of plant material, such as evergreens, deciduous
trees and shrubs, is recommended as a protective measure against insect
and disease infestation. A limited mixture of hardy species is recommended
rather than a large quantity of different species to produce a more
aesthetic, cohesive design and avoid a disorderly appearing arrangement.
(3)
Berms. Berms shall be constructed with slopes not to exceed a 1:3
gradient. Berm slopes shall be protected with sod, seed, or other
form of natural ground cover.
(4)
Existing trees. The preservation, incorporation, and replacement
of existing trees is required, including those trees within allowable
building envelopes and required off-street parking areas. The following
requirements shall apply:
(a)
Paving, or other site improvements, shall not encroach upon
the dripline of the existing tree(s) to be preserved.
(b)
If existing plant material is labeled "To Remain" on site and/or
landscaping plans by the petitioner or required by the City, protective
techniques such as fencing shall be installed during construction
and noted as such on the plans. No vehicle or other construction equipment
shall be parked or stored within the dripline of any plant material
intended to be saved.
(c)
In the event that healthy deciduous trees of two-and-one-half-inch
diameter at breast height or greater, or evergreen trees of six-foot
height or greater, are cut down, destroyed, damaged, or excavated
at the dripline, as determined by the City, the petitioner shall replace
them with no fewer than two trees of similar character and size. However,
in the event that a similar sized tree is not available, multiple
deciduous trees of no less than two-and-one-half-inch diameter at
breast height each, or multiple evergreen trees of no less than six-foot
height each, shall be planted. The number of multiple replacement
trees to be required shall be as deemed necessary and advisable by
the Planning Commission.
(5)
Minimum size and spacing requirements. Where landscaping is required,
the following schedule sets forth minimum size and spacing requirements
for representative landscape materials:
|
Minimum Size Allowable
| |||||
|---|---|---|---|---|---|
|
Height
|
Diameter at Breast Height
| ||||
|
Trees
|
6 feet
|
3 feet to 4 feet
|
2 inches
|
2.5 inches
| |
|
The following trees are representative:
| |||||
|
Evergreen Trees:
| |||||
|
Fir
|
•
| ||||
|
Spruce
|
•
| ||||
|
Pine
|
•
| ||||
|
Hemlock
|
•
| ||||
|
Douglas fir
|
•
| ||||
|
Narrow Evergreen Trees:
| |||||
|
Red cedar
|
•
| ||||
|
Arborvitae
|
•
| ||||
|
Juniper (selected varieties)
|
•
| ||||
|
Large Deciduous Canopy Trees:
| |||||
|
Oak
|
•
| ||||
|
Maple
|
•
| ||||
|
Beech
|
•
| ||||
|
Linden
|
•
| ||||
|
Ash
|
•
| ||||
|
Ginko (male only)
|
•
| ||||
|
Honeylocust (seedless, thornless)
|
•
| ||||
|
Birch
|
•
| ||||
|
Sycamore
|
•
| ||||
|
Small Deciduous Ornamental Trees:
| |||||
|
Flowering dogwood
|
•
| ||||
|
Flower cherry, pear
|
•
| ||||
|
Hawthorn
|
•
| ||||
|
Redbud
|
•
| ||||
|
Magnolia
|
•
| ||||
|
Flowering crabapple
|
•
| ||||
|
Serviceberry
|
•
| ||||
|
Hornbeam
|
•
| ||||
|
Minimum Size Allowable
| |||||
|---|---|---|---|---|---|
|
Height
|
Spread
| ||||
|
Shrubs
|
6 feet
|
3 feet to 4 feet
|
24 inches to 36 inches
|
18 inches to 24 inches
| |
|
The following shrubs are representative.
| |||||
|
Evergreen Shrubs:
| |||||
|
Pyramidal yew
|
•
| ||||
|
Hicks yew
|
•
| ||||
|
Brown's spruce ward
|
•
| ||||
|
Alberta spruce
|
•
| ||||
|
Chinensis juniper varieties
|
•
| ||||
|
Sabina juniper
|
•
| ||||
|
Mugo pine
|
•
| ||||
|
Horizontal juniper varieties
|
•
| ||||
|
Boxwood
|
•
| ||||
|
Euonymus varieties
|
•
| ||||
|
Deciduous Shrubs:
| |||||
|
Honeysuckle
|
•
| ||||
|
Lilac
|
•
| ||||
|
Sumac
|
•
| ||||
|
Pyracantha
|
•
| ||||
|
Weigela
|
•
| ||||
|
Flowering quince
|
•
| ||||
|
Cotoneaster
|
•
| ||||
|
Dogwood
|
•
| ||||
|
Virburnum varieties
|
•
| ||||
|
Spiraea
|
•
| ||||
|
Fragrant sumac
|
•
| ||||
|
Potentilla
|
•
| ||||
(6)
Prohibited species. The following species shall not be planted as part of any landscaping plan, and shall be exempt from the regulations set forth in § 770-90K(4) to preserve, incorporate, and replace existing trees: poplar (populus); soft maples (acer); willows (Salix); box elders (acer); or any other prohibited species identified in § 710-15, Prohibited trees in public areas, of Chapter 710, Trees.
L.
Installation, maintenance, and completion.
(1)
All landscaping required by this chapter shall be planted before obtaining a certificate of occupancy or the appropriate financial guaranty, as set forth in § 770-16, Performance guaranty, the latter of which shall be placed in escrow in the amount of the cost of landscaping to be released only after landscaping is completed.
(2)
All landscaping and landscape elements shall be planted, and earthmoving
or grading performed, in a sound workmanlike manner, according to
accepted planting and grading procedures. Salt-tolerant species shall
be used in areas that are subject to salt spray from adjacent roadways
and parking areas.
(3)
All plant material shall be maintained in good condition so as to
present a healthy, neat and orderly appearance and shall be trimmed
or pruned in such a manner so as not to alter their natural growth
potential.
(4)
The owner of property required to be landscaped by this chapter shall maintain such landscaping in a strong and healthy condition, free from physical damage or injury arising from lack of water, chemical damage, insects, diseases, blight or other causes, and according to the provisions of Chapter 757, Weeds, as amended.
(a)
All materials used to satisfy the requirements of this chapter
which become unhealthy or dead shall be replaced within six months
of damage or death or the next appropriate planting period, whichever
comes first.
(5)
All landscaped areas shall be provided with a readily available and
acceptable water supply. Underground sprinkler systems shall be installed,
utilized and maintained in order to insure the proper watering of
all plant materials. The Planning Commission may determine alternative
irrigation systems as deemed necessary and advisable.
M.
Planning Commission modifications to requirements.
(1)
Modifications to landscaping, greenbelts, buffers and screening requirements.
The Planning Commission, during the course of its site plan review
process, may determine alternate requirements as deemed necessary
and advisable. In determining the requirements, the Planning Commission
shall consider the following:
(a)
That the physical features, topographic features or special
characteristics of the site create conditions so that the strict application
of the provisions of this section will result in less effective landscaping
than alternative landscape designs.
(b)
That the public benefit intended to be secured by this section
will exist with the modifications as proposed.
(c)
Where additional screening or buffer is desired in excess of
chapter requirements, the Planning Commission may require additional
landscaping and/or screening devices.
(d)
Whether there are unique, extraordinary, or exceptional conditions of the property that result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon, the owner of such property from the strict application of the regulations set forth in § 770-90K(4).
(e)
Should the Planning Commission determine that the strict application of the regulations set forth in § 770-90K(4) is not necessary and that alternative tree replacement measures are advisable, exemptions to the requirement to preserve, incorporate, and replace existing trees set forth in § 770-90K(4) may be granted, provided that:
[Amended 1-11-2021 by Ord. No. 2021-01]
[1]
The landscape plan contains a tree replacement plan otherwise prepared in accordance with the standards set forth in § 770-90C(8) and K(4), showing the location and number of new trees that will be planted, existing trees that will remain on the site, and existing trees that will be removed; and/or
[2]
A fee is paid into a tree replacement fund, in an amount established by the City Commission, for every replacement tree required as set forth in § 770-90K(4)(c) that will not be planted.
Any person desiring to build or cause to be built a fence upon property within the City of Royal Oak shall comply with Chapter 323, Fences, as amended.
